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Articles Posted in Medical Malpractice

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New York Court Denies Plaintiff’s Request to Vacate Judgment of Dismissal, Noting Her Two and a Half Year Delay in Seeking Relief

In a Syracuse medical malpractice lawsuit, time is of the essence. Not only is it prudent to contact attorney as soon as you suspect that an act of medical negligence has taken place, it is imperative that all paperwork be filed in a timely fashion. This includes not only the initial…

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Plaintiffs in Birth Injury Case Were Not Entitled to Relief from Defense Verdict, According to New York Appellate Court

A Syracuse medical malpractice case can have many issues and may take several years to ultimately be decided. While this can be daunting to a would-be plaintiff, this does not mean that a claim against a careless doctor or other medical professional should not be pursued. If you believe that…

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New York Medical Malpractice Case Involving Finger Amputation Survives Motion for Summary Judgment

When it comes to issues in a New York medical malpractice lawsuit, the burden of proof is on the plaintiff to prove, by a preponderance of the evidence, that the defendant’s deviation from the applicable standard of care was the proximate cause of his or her damages. In many medical…

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In Medical Malpractice Case Arising from Pelvic Surgery, New York Appellate Court Says Summary Judgment to Defendants Was Proper

In a New York medical malpractice lawsuit, the burden of proof is on the plaintiff to prove four separate and distinct elements: that the defendant healthcare provider owed a certain standard of care to the plaintiff patient, that this duty was breached, that the plaintiff suffered damages, and that the…

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New York Appellate Court Says Medical Malpractice Case Should Not Have Been Dismissed, Despite Failure to Depose Doctor According to Discovery Schedule

Filing a Syracuse medical malpractice lawsuit is a complex endeavor that requires strict compliance to a great many procedural rules. While there may be limited instances in which compliance with a particular requirement may be excused under the circumstances of a given case, this is by far the exception rather…

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New York Appellate Division Grants Summary Judgment to Hospital in Case Alleging Bedsore Was Caused by Medical Negligence

Medical malpractice is rampant in New York and elsewhere in the country. However, unless an injured person (or the estate of a deceased patient) files a timely complaint for medical negligence and is able to offer proof from a competent medical expert witness regarding the standard of care and the…

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Summary Judgment in Failure-to-Diagnose Stroke Case Reversed by New York Appellate Court

With the vast knowledge of the internet readily at our fingertips, it can be tempting these days to attempt to self-diagnose an illness or medical condition based on the particular symptoms that we have. However, we quickly learn that our symptoms may result from a wide array of medical conditions…

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New York Appellate Division Affirms Summary Judgment to Doctor in Otolaryngology Malpractice Lawsuit

New York medical malpractice lawsuits can involve many different types of injury to the body – even wrongful death. One recent case involved a claim brought by a woman who believed that she had suffered loss to her hearing and other injuries due to her doctor’s allegedly negligent treatment of…

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New York Court Reverses Spoliation Sanctions Against Medical Center Following Alleged Malfunction of Opioid Medication Pump

It is not unusual for a New York medical malpractice lawsuit to evolve into multi-faceted litigation involving several defendants and multiple theories of liability. For instance, a medical negligence lawsuit against a doctor or hospital could, under certain circumstances, grow to include a possible product liability lawsuit against the maker…

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Errors in Medical Records Can Lead to Malpractice Claim

Accurate and complete medical records are critical to providing safe and proper medical care to patients. If you suspect that your medical injury was the result of an error or omission in your medical record, you need to contact a skilled Syracuse medical malpractice attorney as quickly as possible. At…

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